Q: Why did my job force me to put my son on my insurance when his mother works and I pay child support? Is this legal?
I know it was probably court ordered but why did I not receive a letter that this was going happen?
A:
Hello, and thanks for your question. I'm sure that was a bit of a surprise to learn that you were going to begin providing health insurance for your son when you weren't aware of your ex asking that you provide the insurance. It is a little hard for me to give you really specific advice without more details from you, but I'd be happy to give you some general information regarding medical insurance and children in New Jersey.
Since 2008, the law states that all children must have health insurance through either private insurance (such as through an employer) or though a public program, such as NJ Family Cares. The court can order parents to provide medical insurance and will only look at public programs if there is no available employer-based insurance through one or both of the parents.
Did you receive notice that your ex was filing a request asking that you be responsible for the insurance coverage? If you did receive notice, did you respond? Do you know if your ex's employer provides medical insurance? I certainly don't want you to provide too many details on this public website, but these are some questions that will certainly be asked by a family law attorney in order to give you the most specific and very best advice.
With regard to the notice, you have the right to receive copies of all requests and supporting documents that your child's other parent filed with the court. This is known as due process and, the court cannot make a decision without some sort of proof that your ex got the paperwork to you. Usually, the court will accept certified mail receipts or "unclaimed" certified mail as proof that your ex at least attempted to notify you.
I suggest that you talk with a good family law attorney in your area to get some further advice about your specific situation. We have offices throughout New Jersey, but many other family law attorneys also offer free consultations. When you go, be sure to bring all of your past and present court papers with you, so the attorney can give a full review. Hoping this was helpful. Regards, Bari
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